Fremont Woman Dies In Fatal Crash On Possibly Slick I-880
A 48-year-old Fremont woman died in a two-car auto accident on the I-880, the San Francisco Chronicle reported. The woman was reportedly driving her 1982 Mazda with her husband as passenger when she suddenly lost control of the vehicle. The car spun out came to rest sideways in the middle of the freeway when it was hit on the driver’s side by a Honda traveling in the same direction, the Chronicle reports.
From what I can see, this case could be a real “who’s at fault” challenge for the California Highway Patrol investigators and the attorneys for the various parties involved in the crash. What caused the woman to lose control of the Mazda? Was there a dangerous condition on the freeway? Was there a pothole there or some other condition on the roadway that needed repair? Maybe there was a mechanical malfunction or defect in her automobile or maybe it was fatigue, distraction or inattention.
The other issue here is also why the Honda hit the stopped Mazda. Maybe there wasn’t enough time and distance for the Honda to avoid the collision. If that’s the case, the driver of the Mazda would be legally responsible for the injuries to the driver of the Honda. That said, if the Honda had the time and room to maneuver around the Mazda, but hit the car because the driver was traveling too fast or following too close, the driver of the Honda could be held legally responsible for the woman’s death and her husband’s injuries. If it is determined that there was a defect on the freeway surface that caused the accident, then Caltrans could be held responsible for the accident.
These are a lot of questions to ask and a lot of possibilities. But here’s the point – it takes teams of professionals to accurately reconstruct an accident sequence in order to determine what happened and to find out who is legally responsible for the losses. The CHP or other investigating agencies don’t always have the time, resources of expertise available to accurately determine fault or liability. Moreover, if there is a chance that an auto defect caused or contributed to the accident or any of the injuries or death the vehicle must be kept in its original crash condition, unaltered, as evidence.
The parties in this case would be well-advised to hire skilled auto accident personal injury attorneys immediately. The best auto accident personal injury law firms will not charge any fees if you want to consult them or retain them as your attorney. They will do the full investigation and won’t charge you a dime unless they actually recover money for their client.
Victims of any auto accident should also remember that although the statute of limitations for a personal injury lawsuit in the state of California is two years in most cases, any claim against a governmental agency such as a city, county or in this case Caltrans, must be properly filed within 180 days of the accident.
Our hearts go out to the victims of this crash, their respective families and friends. We hope they find answers to lingering questions and are able to get the closure and consolation they need during these trying times.
Comments
Marsha is a close friend of mine who was killed in this accident. It appears that you are trying to make an easy buck off of her accident and the people involved. Plus, the possible "spill" that you refer to, happened on Hwy. 101, no where near where her accident occurred. Get your facts straight before you try to screw people.
Posted by: Kelley Maulbetsch | March 17, 2008 6:59 PM
Kelly,
My deepest condolences on the lost of your friend. Losing a loved one is never easy. My wife's mother just died and the family is in total shook and grief. So I can understand your grief. I also suspect that your lashing out at me has been fueled by your loss and your grief.
I went back and read my source newspaper article regarding the spill issue and you are right about the spill being at a different location.
Do you really think that reconstructing an accident sequence like in the situation is easy? Do you think that representing people that are getting taking advantage of by insurance companies and the largest corporations in the world is an easy job? Do you think when an accident is caused by CalTrans' negligence that it is easy to make them pay damages to college student who has lost her leg or a high school student that is paralyzed and in a wheel chair for life?
Yes, Kelly, I have done all those case and a couple thousand more. I never represent anyone who does not have a legal and moral right to a recovery from someone who is responsible for their injuries. Just like the seriously brain injured boy I just finished representing after years of litigation with a city who admitted having a very dangerous school crossing intersection and did nothing about it until my client was hit coming home from school. Read what people have to say about my representation of them: http://www.bestattorney.com/stories.html.
It isn't easy standing up for people who have been wronged. Especially when the other side is thousands of times bigger and better financed. And yes, I get people scolding me for the work that I do but I will continue doing right by those who have had wrong done to them.
And I will continue giving advice to people on handling their accident situations. Many people, especially in the time of their deepest grief, need counsel and direction. Without timely advice and counsel the evidence of wrongdoing is swept away.
In my article that you read, I did not take sides. I called it as I saw it. I advised everyone to seek professional help. I stand by my advice, even though I got one of my facts wrong. Hopefully you will never need my type of service but if you did, you would want someone as skilled in their craft and as compassionate with their clients, as I am.
I wish you well. Thank you for considering a different point of view.
John Bisnar
Posted by: John Bisnar | March 18, 2008 10:13 AM
While no one likes the idea of someone profiting from other people's tragedy (not implying that you do but some people have this view of lawyers), I still think you bring up legitimate questions. Since we are taught in driving school to have enough space between yourself and the car in front of you to be able to react, why was this driver not able to react in time. If it is out of negligence, then this person should be held responsible. I also heard that the first car might have been side-swiped in which case there is the chance another driver was also responsible. If anything, make people responsible for their actions could reduce the number of irresponsible drivers there are and thus making the roads safer. I don't think anyone can argue with that.
Posted by: Jim | March 23, 2008 3:42 PM
My sincerest apologies to anyone who was offended by this blog article or any of my articles. My intention is to help, never to hurt or offend. All accident victims are in my daily prayers and well wishes.
Thank you to those who have commented, even those of you who were critical. Every comment is considered. Every comment is taken to heart by me personally. I welcome all feed back and consider everyone’s point of view.
An intention of my blog is to educate people as to their rights and responsibilities. Another intention of the blog is to indicate who might be liable in a given situation, what action people may consider taking and the applicable time limits. Sometimes my blog is just an outlet for my feelings regarding what I see as an injustice, a wrong or something that needs correcting.
Your comments regarding what you see as injustice, wrong or needs correcting, especially about my blog or web presences is invited and appreciated.. I especially appreciate constructive suggestions for improvement.
Posted by: John Bisnar | March 24, 2008 10:02 AM
Could somebody please tell me the name of the husband?
Posted by: Jabber | April 10, 2008 3:21 AM